Emily Moreno filed a motion on May 27, 2026, to dismiss a defamation lawsuit initiated by her ex-husband, Rep. Max Miller (R-OH), earlier in the month. Moreno alleged that Miller threw scalding water at her in front of their daughter in 2024 and made domestic abuse allegations to various news outlets, including the Daily Mail. Miller denied these allegations and is seeking at least $25,000 in damages, claiming he was falsely accused of being a violent husband and father.
Moreno's legal team argues for dismissal under a new Ohio law that protects free speech on matters of public concern, stating that accusations against a congressional candidate are protected speech. They also contend that the defamation complaint is invalid due to Ohio's one-year statute of limitations having expired. Moreno's motion asserts that she did not cause news outlets to publish the allegations and that even if she did, it would still be protected speech.
The motion describes the lawsuit as part of a pattern by Miller to use his power to intimidate critics and silence victims of misconduct. Moreno's attorneys are requesting the Cuyahoga County Common Pleas Court to dismiss the case and to order Miller to pay her legal fees. Additionally, they have asked for an expedited hearing on the motion within the next 60 days. Miller filed for divorce in August 2024, coinciding with their second wedding anniversary. He had previously filed a separate case against Moreno in February, accusing her of making false domestic violence allegations, but moved to dismiss that case to prioritize their child's well-being.